The Study On The Coordinated Mechanism In The Unified Deliberation In China's Local Legislative Procedure

The Legislative Law of People's Republic of China has firstly setan institutional mechanism called the unified deliberation in China'slocal legislative procedure. It aims to maintain the unification oflegal system and eliminate the unjust interests. Because there areseveral different organizations in the process of the unifieddeliberation and they may mutually conflict and collide. If therelationship between the law committee and the other organizations benot coordinated, the validity and the quality of the unifieddeliberation won't be assured. The scholars and the legislators havereached a consensus that we should establish and perfect thecoordinated mechanism in the unified deliberation in the locallegislative procedure.The organ for the unified deliberation—the law committee shoulddivide its work with the other special committees. And the lawcommittee should communicate well with the Commission of LegislativeAffairs. In addition, the law committee should interact well with theDirector Conference and should provide good sevice for the standingcommittee. Based on thorough and deliberative research on the unifieddeliberation mechanism , the author deconstruct the roles ofdifferent deliberation organizations and analyze the advantages anddisadvantages of the existing rules. The author also attempt todescribe the real process in the unified deliberation and study theunofficial rules for coordinating in order to find a way to make thecoordinating activity effective.The author reach such conclusions as follows:Firstly, we aim to establish a coordinated mechanism by means ofcommunication and negotiation. Therefore they can resolve conflictsand reach an agreement.Secondly, existing rules of coordinate mechanism are rough andsimle.The mass of them are repeat the upper laws and lack themaneuverability.Thirdly, there are many unofficial rules in practice. The mayuseful to coordinate the relationship but can also undermine thecoordinate mechanism.Finally, we should treat correctly the existing official rulesand the unofficial rules in practice. We should supply details andfill vacancies to the existing rules and also modify some unsuitablerules. Then we should carefully discriminate the diffrent unofficialrules. That is to say, we have to extrac the useful fators from theunofficial rules and restrict the unreasonable fators in them.